Standing Near Colleagues During a Robbery Without Doing Anything

In People v. Moore (1953) 120 Cal.App.2d 303, the defendant claimed he was not guilty of robbery because he said and did nothing other than stand four or five feet from his colleagues as they robbed someone. The Court of Appeal affirmed his robbery conviction stating: "Appellant was not a mere bystander or onlooker. He may have committed no overt act during the robbery but none was required. His presence could have given encouragement to his companions and acted as a deterrent to any continued resistance on the part of the victim." ( Id. at p. 306) See also People v. Green (1969) 3 Cal.App.3d 240, 244-245 "legally immaterial" defendant did not use force during robbery where one of the robbers used force and the only persons in the store during robbery were the victims and perpetrators.)